CHAGAN LAL NENAMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant writ petition has been preferred on behalf of the petitioner Chagan Lal Nenama seeking directions to the authorities for compassionate appointment of petitioner being the dependent of deceased Government servant -Mokshi Nenama.

(2.) Bereft of elaborate details, the brief facts necessary for the disposal of the instant writ petition are that the father of the petitioner was Class-IV employee in the office of respondent No.4 and had worked as a cook. The father of the petitioner Late Mokshi died on 1/5/2016, leaving behind his wife, one son (the petitioner) and three unmarried daughters. It is pleaded that the petitioner is an unemployed person and was unable to maintain his family after the death of his father and owing to the dire financial condition, they are now starving since all the five were depending upon the only bread earner, the deceased employee. It is stated that the petitioner has applied for compassionate appointment in place of his father so as to meet the immediate hardship caused due to death of his father. The application form was supported by an affidavit of mother and sisters of the petitioner. The said application was duly approved by the authorities, the immediate office of the respondent No. 4, who found the petitioner entitled for the compassionate appointment.

(3.) However, the same has been denied on the ground that the petitioner has four children after 1/6/2002. It is submitted that despite there being clear provision in the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servant Rules, 1996 and there being no impediment for appointment, the authorities have wrongly rejected the case of the petitioner and thus a prayer has been made to quash the order dtd. 8/12/2016 (Annexure-3) and for issuance of the directions for granting compassionate appointment to the petitioner.